DWI / DUI Defense Attorneys in New York & New Jersey

Arrested for Drunk Driving? Protect Your License, Record, and Future.

Driving while intoxicated (DWI) and driving under the influence (DUI) are taken extremely seriously in both New York and New Jersey. A conviction can result in license suspension, heavy fines, mandatory ignition interlock devices, skyrocketing insurance costs, and even jail time. The long-term consequences extend beyond the courtroom, potentially affecting your career, finances, and reputation.

Understanding DWI / DUI Laws

  • New York:
    • A driver with a blood alcohol concentration (BAC) of 0.08% or higher can be charged with DWI.
    • DWAI (Driving While Ability Impaired): Applies to drivers with a BAC between 0.05% and 0.07% or showing signs of impairment.
    • Penalties escalate with repeat offenses, high BAC levels, or aggravating factors (such as accidents or injuries).
  • New Jersey:
    • New Jersey law prohibits driving with a BAC of 0.08% or higher.
    • Penalties vary depending on BAC level, prior offenses, and whether minors were present in the vehicle.
    • Although New Jersey does not technically classify DUI as a criminal offense, it is treated as a serious traffic violation with penalties that rival criminal sanctions.

Potential Penalties

  • First Offense:
    • Fines, possible jail time (up to 30 days in some cases), license suspension, ignition interlock requirement, and mandatory alcohol education programs.
  • Second Offense:
    • Longer license suspensions, higher fines, extended ignition interlock use, and increased jail time.
  • Third or Subsequent Offense:
    • Substantial fines, lengthy suspensions (or permanent revocation), mandatory jail sentences, and long-term monitoring.

In both states, penalties are more severe if the offense involves:

  • High BAC levels (0.15% or above)
  • Accidents causing injury or death
  • Driving with minors in the vehicle
  • Refusal to submit to a breathalyzer or chemical test

Consequences Beyond the Courtroom

  • Insurance Premiums: A DUI/DWI conviction often results in dramatically higher car insurance rates.
  • Employment: Jobs that require driving, professional licenses, or security clearances may be jeopardized.
  • Travel: Some countries, including Canada, restrict entry for individuals with DUI convictions.

Defense Strategies

Every DWI/DUI case is unique. A strong defense may involve:

  • Challenging the legality of the traffic stop or arrest
  • Questioning the accuracy of breathalyzer or blood test results
  • Highlighting errors in field sobriety testing procedures
  • Contesting improper police conduct or rights violations

Why Legal Representation Matters

Prosecutors pursue DWI/DUI cases aggressively, and penalties are designed to be harsh. Without experienced representation, you risk losing your license, your freedom, and your future opportunities. A skilled DWI/DUI defense attorney in New York or New Jersey can work to reduce penalties, negotiate for alternative sentencing, or fight for a full dismissal when evidence is weak.